Order No. 08 Dt. 20.09.2007
In essence, the petitioner claims to be ‘Consumer’ in respect of WBSEB on the ground that he has deposited Rs. 650/- and Rs. 160/- being the quotation amount vide receipt nos. 059919 dt. 30.11.2006 and 058918 of the selfsame date. But inspite of several approach the O.P.s have shown reluctants to allow the petitioner to get electric connection causing his mental agony which gives arise to the institution of the present proceeding for the reliefs as have been mentioned in the petition of complaint.
All three O.P.s ( 1) The Station Manager, The West Bengal State Electricity Distribution Co. Ltd. Gazole Group Electricity Supply, Vill. & Post & P.S. Gazole, Malda 2) The Divisional Manager, The West Bengal State Electricity Distribution Co. Ltd. Rabindra Avenue, Malda 3) The Chairman, The West Bengal State Electricity Distribution Co. Ltd. Bidyut Bhavan, Salt Lake City, Kolkata – 91.) contest the case by filing a joint written version denying material allegations contending inter-alia that the petitioner has not yet become consumer in view of Sec. 2 (15) of the Indian Electricity Act, 2003 as no electricity has yet been supplied to the present petitioner and hence there is no deficiency of service on their part. The O.P.s have also contended that they visited the spot to effect the supply but have been prevented by local people and hence pray for dismissal of the petition.
The following points emerge from pleadings of both the cases which require to be disposed of to arrive at judicious decision.
- Whether the petitioner be termed ‘Consumer’ in terms of Sec 2 (1) of the C.P. Act ?
- Whether the service of the O.P.s suffers from deficiency as alleged?
- Whether the petitioner is entitled to get the reliefs as prayed for ?
:DECISION WITH REASONS:
Point No. 1
It has been contended on behalf of the O.P.s that the petitioner is not a ‘Consumer’ according to the Consumer Protection Act. Since no contract has been entered into between the parties. Expressing willingness by a mere application for getting electric connection does not entitle a person to become a ‘Consumer’.
O.Ps. further state that on the basis of mere acceptance of the application form with an intension to provide electricity, the petitioner cannot claim to be a consumer.
Now the pertinent question that arises for determination is whether the petitioner, after making a mere application falls within the definition as defined in the C.P. Act u/s 2 (1)(d)(ii) of the C.P. Act. A person is a consumer who hires any services for consideration which has been paid or promised or partly paid or partly promised. A person who applies for electric connection has to pay the necessary charges after the connection is given. Therefore, he is a person, who has hired the service of the W.B.S.E.B. for consideration which is promised. So we are of considered opinion that the present petitioner, by depositing necessary fees (Vide Ext. – 1 series) has become consumer.
The word ‘consumer’ has been defined in Sec.2(1)(o) of the Act. which means ‘service of any description’ which is made available to potential users and includes the provision of facilities in connection with the supply of electrical or other energy. The petitioner, thus, falls within the definition of the word ‘ consumer’ as defined in the Act. Moreover, nothing has been shown on the part of the O.P.s that he has at any point of time even declined to pay any quantum of money.
In this connection this Forum is fortified with the observation reported in 1993(2) CPR 351 wherein it has been held, “An applicant for electric connection is a consumer”. Hon’ble State Commission of West Bengal has also been pleased to hold in its judgment, reported in III (1993) CPJ 1281, ‘ A person who will pay consideration for the electricity is a consumer’.
Reference may also be made in this connection about the observation of the Hon’ble National Commission appearing in 1 (1993) CPJ 90 (NC) that if no payment is made at the time of registration, it does not mean that a person getting himself registered for a gas connection with the Distributor is not hiring any service.
Point No.2
The O.Ps. have admitted in their written version that they tried to supply electricity to the petitioner but was resisted which has been admitted by the petitioner himself as P.W. – 1 that the officials of Electric Office, Gazole were resisted by his uncle. It appears from his evidence that his father has got two other brothers and those two brothers have already been provided with electric connection.
In view of above as admitted by the O.Ps. and accepted by the petitioner that the hindrance is caused by his uncle, this Forum finds it prudent to say that the O.Ps. will arrange to supply electric connection to the petitioner and in case of any disturbance they will be provided with assistance of Gazole P.S., who, in their turn will extend all kinds of help to the officials of electric department to give effect to this Order.
This point is thus disposed of.
Point No.3:
In the result the case succeeds.
Proper fees have been paid.
Hence, Ordered,
that Malda D.F. Case No.37/2007 succeeds on contest with no order as to cost.
The petitioner do get electric service connection within 3 weeks from date.
The O.Ps. jointly and severally do arrange supply of electric connection within the period stipulated above in the above manner, if required.
Failure to supply electric connection within above period may result in taking recourse to law by the petitioner.
Let the copy of this order be given to both the parties free of cost at once.
